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Defendant
A shall be punished by imprisonment with prison labor for three months and by imprisonment for eight months.
Reasons
Punishment of the crime
[criminal power] On June 23, 2017, Defendant A was sentenced to nine years of imprisonment by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., and the judgment became final and conclusive on October 12, 2017. Defendant B was sentenced to one year and six months of imprisonment by the Ulsan District Court on April 3, 2018, and the judgment became final and conclusive on October 5, 2018.
[2018 Highest 1247] Defendant A, from November 12, 2014, worked as one shareholder and representative director of Company D (hereinafter “the foregoing Company”) with the aim of recycling resources in Gangnam-gu Seoul Metropolitan Government from November 12, 2014. Defendant A, in collusion with Defendant B, made a prospectus without any entity related to the above Company, presented it to the victim F through E, and had the victim F sell the said Company’s shares.
Accordingly, Defendant A prepared a share sale contract with Defendant B on July 1, 2015, and Defendant B prepared a prospectus of the company with the purport that “A will merge with G, a stock company D and KOSDAQ-listed company, and the stock price increase expectations immediately before listing on March 2016,” and sent it to E.
Defendant
A and Defendant B, via E on August 20, 2015, entered into the “IB room” operated by the victim in Gwangju Dong-gu, Gwangju, the victim “The company has been operating a hotel in Jeju-do while carrying on the construction business, such as KOSDAQ-listed G, and has entered into a contract with the construction business and hotel business in China, and has to operate a card size business with the investment of KRW 100 billion in the J bank with the State support in the future, and will merge with G in March 2016. The merger and acquisition of the shares by our company will take place in March 2016, the shares of our company, which are traded in KRW 3,000 per share as of May 2016, and KRW 50,000 per share, and KRW 100,000 per share, so the shares can be punished.”
However, the facts are the business plan prepared by the Defendants at the time.